Variances

A variance is a request to deviate from a literal requirement of the zoning, or subdivision ordinances due to special circumstances of a property. It is not considered a change in municipal law, but a waiver of a certain requirement of the ordinance. If granted, it permits the owner to utilize his land in a way that is ordinarily not permitted by the ordinance.

An administrative official of the City of Gainesville cannot approve a variance. It is important to note that use variances cannot be legally granted via a variance, as that is considered to be rezoning and is governed by a different process. Additionally, self-imposed hardships and economically related hardships are insufficient findings to grant a variance.

Variance requests may be considered by the Board of Appeals after public notice and a public hearing.

The following types of appeals/variance are heard by the Board of Appeals:

Appeal regarding possible error in any order, requirement, decision or determination made by the Building Official.

Modification (s) of the height, yard area coverage, floor area ratio, parking, or loading regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification.

Permit the reconstruction, extension enlargement of a building occupied by a nonconforming use on the lot occupied by such building or the reconstruction of a structure destroyed by fire or the elements not to exceed sixty (60%) percent of its reasonable value and the addition of off-street parking or off-street loading to a nonconforming use.

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the facilities can be amortized within a definite period of time.

*Note: Sign variances are granted by the Planning and Zoning Commission. (Please see "Signs" page for more information)